MODERN CLIMATE MEDIATION IN INDIA

Introduction

The mediation is the home-like structure where the parties amicably talk to each other about their disputes. In front of the mediator, the dispute can be resolved. As of now, the structural mechanism of mediation has evolved. In India, the mediation got its recognition as equivalent to arbitration and other ADR methods under the Mediation Act of 2023. Due to the degradation of ecosystems, the climate will be drastically changed.

Indian courts will have over four crore pending cases related to the environmental claims which also contains the litigations of climate change. As of later, the pre-litigation mediation gained its place and was implemented. Before knocking the doors of the court, it is the successful mechanism that helps to maintain a peaceful relationship as well as an amicable settlement.

Definition

Joseph Grynbaum defined, “An ounce of mediation is worth of pound of arbitration and a ton of litigation”.

Prevalence of Climate Threat in India

According to the Environment Ministry, two thousand people lost their lives as a result of the extreme weather in 2018-19. The Meteorological Department (IMD) publishes that these events are increasing in frequency and intensity and also said that rapid climate change is a long-term and hazardous effect. As a result, it reaches the level of 29.1 degree Celsius by the end of the century.

Climate change directly affects the livelihood of the farmers as well as the primary sector of the nation. The suicidal rates of the agriculturalists increased rapidly. The World Bank also statically reports that the climate change continues unevenly in India. Apart from the farmers, the other sector workers such as the construction and small-scale industrial workers face the high level temperature. It affects the rights, and health of the workers as well as the production, economy of the developing nation.

International measures

The unofficial mediator helps to maintain the global decarbonization targets between the United States and China. It is the way to regulate the competition as well as the international targets. India has the ability to partner with other nations on climate solutions and to become a key player in the global energy transition.

As of now, India hosts the G-20 summit in the capital of the nation, which flexes its views about the rapid climate change. Our nation has the objective and ability to bring down emissions domestically. It reflects on the forum of the UN Climate Change Conference - COP28. It also had partnerships with the western countries, to make renewable resources. India will travel on the path of succeeding in economic and population growth with decreasing emissions and cleaner energy. The “Made in India Plan” has been implemented. It is the way ahead to achieve the status of the world’s largest economy as equivalent to its largest population.

The green claims have gained its significance and as a result of these eco-concerns, the greenwashing regulation was implemented. The central government had to focus on this area and implement laws and appoint officials/mediators on this climate mediation forum. Within the demography of the nation, a mandatory mediation for climate change is required.

Constitutional provision for fair trial and speedy justice

The Indian Constitution contains specific provisions for fair justice and speedy trial under the chapters of Fundamental Rights and Directive principle of state policy.

The Article 20(1) prohibits ex-post-facto laws, and ensures a fair trial in the criminal justice system. The Clause 2 and Clause 3 of the article deals with fair prosecution and evidence. The right to fair trial and speedy justice is enshrined under Article 21 of the basic law.

Article 39A of the Constitution imposes a duty upon the state to provide legal aid for the person who are unable to approach the court justice system.

Legislative measures in India

The consensual nature of the process of mediation keeps the party's autonomy and information confidential. The voluntariness plays a key role, apart from that the mandatory mediation evolves in the era of sustainable development. Here is the legislative provision enunciate the climate mediation:

The section 89 of Civil Procedure Code,1908 grants exclusive power to the judge, to make it compulsory to the disputing parties. The consent of the parties is not needed. It is the platform to pave the way to make the concept-based system the greatest relief pathway. The Rule 5 of Mediation Rules, 2003 dealt with the mediation process. The court looks upon the circumstances of the disputing matter, the settlement will be reached among the consensus of the parties. The pre-litigation mediation has been prevalent in the international forum of states. Now, it has been implemented in India under the Mediation Act, of 2023.

Judicial Measures

The Dunnett V. Railtrack case is the foundation stone for the growth of mediation. The Court upon the Salem Advocates Bar Association V. Union of India opined that nothing prevents them in informing the court that the suit may be dismissed as a dispute has been settled between the parties outside the court under the sec 89 of Civil Procedure Code.

In the case of Rithesh Sinh V. Union of India, the Court held that the right to free from adverse effects of climate is guaranteed as a fundamental right under part III of the Constitution.

Conclusion

Mediation is a process wherein the parties in dispute approach a common person termed as a mediator to get their conflict settled amicably. The climate mediation prints footpaths in the International forum. Climate mediation is the future of the dispute-solving mechanism to replace the litigation process. India gained the place of Climate Mediator. It greatly reduces the burden of cases. As of now, the happening of the corporate green sheen results in global warming reach its maximum level. Climate adverse effects are recognized under the basic law. The government has taken the steps to implement climate mediation as mandatory mediation in the nation.

References

Climate change action, www.un.org/en/climatechange (last visited June 23, 2024).
India as a Climate Mediator, www.atlanticcouncil.org (last visited June 24, 2024).
M P Jain, Constitution of India, 75-78 (lexis nexis publication, Haryana, India).
1 K K Geetha, Mandatory Mediation in India, 76-78 (Galgotias Journal of Legal Studies).
Cutolo, Mandatory mediation and the Right to Court Proceedings, 131-144 (International legal Journal, Australia).
Rithesh Sinh V. Union of India, AIR 2019 SC 3592